Appeal No. 2001-1402
Application 09/287,838
a bow 10 which is held between the inner and outer members.
Hook and loop material is provided on the outer surface 11 of
the outer member 4 for attachment of “an emblem, safety device
or other object,” such as reflector 12 (col. 2, lines 35 to
40).
Appellant argues that the Gourley device does not
anticipate claim 14 because it does not include a second means
for selectively anchoring the base to a hook-and-loop type
shoe closure “without interfering with operation of the hook-
and-loop type closure,” as claimed. The examiner states in
the final rejection (page 3) that Gourley has “a second
equivalent means (Velcro on the inner surface or tab/snap
(5,6)),” and that the claim does not require a shoe with a
hook and loop closure. However, while the latter statement is
correct, claim 14 still requires the second means, and the
examiner does not explain how the identified Velcro or
tab/snap perform the recited function of that means.
Nevertheless, we consider that the Gourley device
contains a second means, as recited. If the shoe 8 of Gourley
were the conventional shoe 890 with a hook and loop type
9
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